How hiring high court advocates to make a will can make a difference

 

A will is a document that is written by any person who wishes to transfer his property after he/she is no more. The provisions as mentioned under the Indian Succession Act 1925 are to be followed while making the will in the case of a Hindu, Buddhist, Sikh, or Jain. This does not apply in the case of Mohammedans.

As per the statement of Section 2(h) of the Indian Succession Act 1925 which is as follows "the legal declaration of the intention of a testator concerning his property which he wishes to be brought into effect after he is no more."

The most important part of creating a will is that there must exist a property owned by the testator (The person who makes the will). This is justified by section 59 of the Indian Succession Act 1925 

The section reads as "Every person having sound mind and not being a minor may dispose of his property by Will.”

Certain essential characteristics of a will

Some characteristics are to be kept in mind while making a will. Let us look at these:

Legal Declaration- This is a declaration that expresses the intentions of a person to transfer his property.

This should be related to his/her property and should not be limited to just managing it. The procedure of transfer should be carried out only after the death of the testator. Revoking the will can be possible only at the wish of the testator.

The language of the will

There is no rule regarding the language used in the will. The main motive of the testator should be well understood is the only criteria involved in making the will.

The will can be either written or printed with the condition that it must be signed. The will can be written on a stamp paper or else any paper.

The general structure of a will

Even though there is no rule regarding the structure but it is better that a structure is followed in order to not miss out on anything.

Construction of a will

The court needs to put itself in the shoes of the testator. This means that the testator's background, family relationships, circumstances, everything has to be considered by the court while dealing with a will. The court needs to try its best in order to understand the intentions of the testator.

Construction of words in a will      

The statement of Section-74 of the Indian Succession Act says, "It is not necessary that any technical words or terms of art be used in a Will, but only that the wording be such that the intentions of the testator can be known therefrom."             

There is no stress on the style to be followed in a will which is a good sign to the testator as he/she can express himself/herself as far as possible the language efficiency of the person permits.

Construction of Terms in a will    

A will writer must take care when preparing the will in these terms and must know when to use it to avoid any future ambiguities and disputes. When these terms are remembered in writing this will, the transfer and distribution of the property between the legally born heirs will become a nice and clean will.

Section 99 of the Indian Succession Act. defines the Construction of terms in a will which is as follow;

(a) “children” applies only to lineal descendants in the first degree of the person whose “children” are being spoken of;

(b) “grand-children” applies only to lineal descendants in the second degree of the person whose “grand-children” are being spoken of;

(c) “nephews” and “nieces” apply only to children of brothers or sisters;

(d) “cousins”, or “first cousins”, or “cousins-german”, apply only to children of brothers or of sisters of the father or mother of the person whose “cousins”, or “first cousins”, or “cousins-german”, are being spoken of;

(g) “issue” and “descendants” apply to all lineal descendants whatever of the person whose “issue” or “descendants” are being spoken of;

The testator or any other body under instruction can clearly sign and affix his mark on a will in a place that can be easily read and understandable, that it was to be signed or attached by the testator is very clearly stated in paragraph 63 of the Indian Succession Act.

 In the same section, two (2) or more witnesses must confirm the will that the tester has seen the will or his mark on the will.

Registration of a will

No will is the only document that is not to be registered in India in accordance with the law. Enrolment of a will is the choice of the will maker Both registered and non-registered will are recognized by law and the courts and there is no difference in law between them. Section 18 of the Registration Act provides that 1908 is subject to the optional registration document.

But yes, it adds to the will authentication if someone registers a will.

Consulting a lawyer before writing a will?

Law requires much common sense and some understanding of the law of the country so, before making a great decision, it is better to talk to a lawyer always.

A lawyer may be useful in resolving a lot of questions that may not be able to be asked by others during the writing of a will. If you take an important decision which affects you and the life of your family forever and even once you die, it is always better to have an expert next to you.

 It is recommended that a lawyer be consulted during the preparation of a will. Anyway, when a lawyer opens a will, it is necessary to move a request to prove a will. You should look for an advocate who can talk to you like a friend while yet handling you professionally enough to give you the confidence that he will be able to assist you.

 He or she must be able to communicate with you in a language that you can understand rather than employing jargon that would confuse you. John Mani V is one of the best high court advocates in Kochi.

He has amassed a wealth of expertise in this sector and has established a team of high court lawyers in Kochi who provide outstanding legal services to local and global clients with superior results, servicing both domestic and foreign clients.

His law practice focuses on providing legal services to both domestic and foreign clients. They have a flexible and effective staff of properly qualified practicing high court lawyers with extensive experience in their industry.

His firm represents clients in civil and family criminal disputes. His high court advocates provide comprehensive legal services to their customers in every field of law and in any court of law.

If you are planning to construct a will, do consider meeting him as he would be able to guide you well. And if you have any comments, write them in the comment box below

There are many high court lawyers in Ernakulam, and let me tell you, being a high court lawyer is not simple. John Mani V is aware of his clients' worries and concerns and has been effective in guiding them through them so that they can live peacefully.